advogado especialista em direito internacional

The Act of Fraudulent Commission of Reality on Child Abduction Cases

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

Act of Fraudulent Commission of Reality

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

Filing for Divorce from a Brazilian Partner

This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.

How to get married in Brazil

This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.

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Prenuptial Agreement in Brazil

This article provides a thorough analysis of prenuptial agreements within the Brazilian legal framework. It delves into the complexities of different marital regimes available in Brazil, such as Communion of Property, Partial Communion of Property, Separate Property, and Participation in Acquests. The Separate Property regime is particularly emphasized, backed by its codification in the Brazilian Civil Code Articles 1,687 to 1,688. This option is highlighted as ideal for individuals who wish to maintain financial independence within marriage.

Additionally, the article outlines the procedural requirements for drafting a legally binding prenuptial agreement in Brazil. Steps include creating a public deed at a notary office and ensuring registration at the relevant Civil and Property Registry Offices. The text concludes by inviting readers who seek further clarification or guidance to get in touch for a more comprehensive consultation. Multiple references from legal texts and academic articles are provided to offer a rounded perspective.